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Professional Responsibility Keyed to Gillers
Nix v. Whiteside
Citation:
475 U.S. 157 (1986)Facts
Emanuel Whiteside was charged with murder after stabbing Calvin Love to death during an argument over drugs. Whiteside claimed self-defense, telling his court-appointed attorney, Gary Robinson, that he believed Love had a gun but admitted he had not actually seen one. Shortly before trial, Whiteside told Robinson he would testify that he had seen “something metallic” in Love’s hand. When Robinson questioned this change in testimony, Whiteside responded, “If I don’t say I saw a gun, I’m dead.” Robinson advised Whiteside that such testimony would constitute perjury and that he would withdraw from representation, inform the court of the perjury, and testify against him if Whiteside insisted on the false testimony. At trial, Whiteside testified to his belief that Love had a gun but admitted he did not actually see one. After his conviction, Whiteside claimed Robinson’s actions denied him effective assistance of counsel.
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